A redundancy situation occurs where there is a dismissal of an employee by an employer, not due to any act of the employee.
The dismissal must result “wholly or mainly” from one of the following situations:
1. Where an employer has/intends to cease carrying on the business, or at that location i.e. closure of business or moving it to another location.
2. Where the requirements for an employee to carry out work of a particular kind in the place where he/she was employed has/is expected to cease or diminish i.e. no longer a requirement for that role/the work to be carried out.
3. Where the employer has decided to carry on the business with fewer or no employees i.e. a reorganisation with fewer staff or outsourcing.
4. Where an employer has decided that the work for which the employee has been employed should from now on be done in a different manner for which the employee is not sufficiently qualified or trained i.e. a reorganisation with employee not sufficiently trained and training would cost too much.
5. Where an employer has decided that the work for which the employee has been employed should from now on be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained i.e. job enlargement so that employee would have to do current job plus more and is not sufficiently trained and training would cost too much.
In considering redundancies, legitimacy should be one of the first considerations. Are there legitimate grounds for redundancy in keeping with the redundancy legislation?
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